Class Actions in Canada 2012 - The Year in Review and The Year Ahead

Explore:  Class Action

In This Issue:

Introduction; Class Action Practice Developments; Common Issues Trials; Class Actions in Quebec; Securities Class Actions; Competition Class Actions; Product Liability Class Actions; Franchise Class Actions; Employment Class Actions; and Conclusion.

Excerpt from Introduction -

The bar and bench in Canada witnessed yet another brisk year of class action activity in 2012. The plaintiffs’ bar issued a number of new claims on the heels of high-profile domestic and international cases (such as SNC-Lavalin and e-books), and they achieved a number of record settlements (including a landmark settlement in principle with Ernst & Young LLP in the Sino-Forest case, for a settlement payment of $117 million). Moreover, in a number of contested cases in the common law provinces, the courts have reaffirmed yet again that a plaintiff’s evidentiary threshold to establish commonality and preferability at the certification stage is a relatively low hurdle. In Quebec, the courts certified a number of significant class actions, including one of the largest environmental class actions in Canada. However, there were a number of significant (and, in some cases, surprising) developments in 2012 that favoured defendants, including the outcome of a number of large common issues trials as well as a number of key certification and other rulings. These developments suggest that 2013 may be a tipping point for the maturing class action jurisprudence in Canada.

Please see full issue below for more information.

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Topics:  Class Action

Published In: Antitrust & Trade Regulation Updates, Finance & Banking Updates, Franchise Updates, Labor & Employment Updates, Securities Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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